Against Aphobus II

Demosthenes

Demosthenes. Vol. IV. Orations, XXVII-XL. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1936 (printing).

For when I was on the point of instituting this suit against them they attacked me by having an exchange of estates tendered me,[*](See note in the introduction to Dem. 27.) in order that, if I accepted it, I might not be allowed to pursue my action against them,[*](That is, they hoped that the exchange of properties, if carried out, would transfer to Thrasylochus also the claims of Demosthenes against them, and so debar the latter from taking further action.) since (they thought) this suit would then belong to the one tendering the exchange; and if I did not do so, I might undertake the service with slender means, and so be absolutely ruined. In this matter Thrasylochus of Anagyrus[*](Thrasylochus was the brother of the Meidias against whom Demosthenes brought action for assault (see Dem. 21). Anagyrus was a deme of the tribe Erectheis.) was their tool. I, with no thought of the consequences, accepted the exchange with him, but excluded him from the premises hoping to win a court decision,[*](If the exchange of properties was accepted, either party had the right to enter and search the house and land of each other. Demosthenes denies this right to Thrasylochus, hoping that he might win a decision from the generals, before whom such cases were heard, as to whether or not his claim against his guardians would pass to Thrasylochus together with his visible property. From the oration against Meidias we learn that Meidias and Thrasylochus came jointly to Demosthenes’ house, and with great violence forced themselves even into the women’s apartments before they were finally ejected.) but, failing of this, and being hard pressed for time, rather than be forced to give up my suit, I mortgaged my house and all my property, and paid the cost of the service in question,[*](The service was the trierarchy, and the cost entailed amounted to twenty minae.) being eager to bring before you my suit against these men.

Is not the wrong I have suffered from the beginning great indeed, and great the harm they are striving to do me now, because I seek to obtain redress? Who of you would not rightly feel indignation against this man and pity for me, seeing that to the estate of more than ten talents which he inherited there has been added my own of such considerable size, while I have not only been defrauded of my inheritance, but am by the rascality of these men being robbed even of what they have now repaid me? To what are we to turn, if you give a different decision regarding them? To the goods mortgaged to our creditors? But they belong to the holders of the mortgage. To what is left after the creditors are paid? But that becomes the property of the defendant, if you condemn me to pay an obol on each drachma.[*](See note on Dem. 27.67. The entire property of the plaintiff would be exhausted in payment of the damages imposed.)

Do not, men of the jury, be to us the cause of such deep distress; do not allow my mother, my sister and myself to suffer undeserved misfortunes. It was not to prospects such as these that my father left us. Nay, my sister was to be the wife of Demophon with a dowry of two talents, my mother the wife of this most ruthless of all men with a dowry of eighty minae, and I as my father’s successor was to perform state services as he had done.

Succor us, then, succor us, for the sake of justice, for your own sakes, for ours, and for my dead father’s sake. Save us; have compassion on us since these, our relatives, have felt no compassion. It is to you that we have fled for protection. I beseech you, I implore you by your children, by your wives, by all the good things you possess. So may heaven give you joy of them, do not look upon me with indifference nor cause my mother, deprived of the hopes in life that are left her, to suffer a lot unworthy of her.